The regulations set by this chapter within each
district shall be minimum regulations and shall apply uniformly to
each class or kind of structure or land except as hereinafter provided.
Except as hereinafter specified, no land, building,
structure or premises shall hereafter be used, and no building or
part thereof or other structure shall be located, erected, reconstructed,
extended, enlarged, converted or altered except in conformity with
the regulations herein specified for the district in which it is located.
Any building, structure or premises lawfully
existing at the time of the adoption of this chapter, or lawfully
existing at the time this chapter is subsequently amended, may continue
to be used even though such building, structure or premises does not
conform to use or dimensional regulations of the zoning district in
which it is located; subject, however, to the following provisions:
A.
Structural alterations of a building or structure, or the use of a parcel, lot or tract of land which does not conform to the provisions of this chapter shall be allowed only if the building or structure to be altered or the parcel, lot or tract of land to be used shall be made to conform with the requirements of the zoning district in which it is located; however, upon application, the Board may approve the structural alteration of a building or structure, or the use of a parcel, lot or tract of land which is not in conformance with the provisions of this chapter, subject to the provisions of Article XVII, § 180-109; provided however, that where the structural alteration or addition itself and the use therein conforms to the provisions of this chapter, the Zoning Administrator may authorize the necessary zoning certificate therefor, and same shall not require Board approval.
B.
If no structural alterations are made, a nonconforming
use of a building, structure or premises may, with approval of the
Board, be changed to another nonconforming use which in the opinion
of the Board is of the same or a more appropriate use or classification.
In the case of a nonconforming junkyard operation, the Board may,
based on specific findings of fact, decide upon an application filed
by the landowner as to whether a relocation of a nonconforming junkyard
operation, either in whole or in part, to another location on the
immediate property or to a location on an adjoining property constitutes
a suitable substitution of use which has substantially less adverse
impact to the general public and adjoining or confronting property.
In granting any such relocation as herein provided, the Board shall
attach such conditions or requirements as it may deem necessary to
protect the public interest, the adjoining and confronting property
owners, and the intent and purpose of this chapter.
C.
Whenever a nonconforming use has been changed to a
more appropriate use in the opinion of the Board, such use shall not
thereafter be changed to a less appropriate use or classification.
D.
No building, structure or premises where a nonconforming
use has ceased for six months or more shall thereafter be used except
in conformance with this chapter.
E.
The owner or operator of any existing nonconforming
use involving used car lots, service garages or junkyards shall, not
later than 12 months from the effective date of this chapter, certify
in writing, on a prescribed form, to the office of the Zoning Administrator,
that such nonconforming use did exist on the effective date of this
chapter. In order that the exact nature and extent of such nonconforming
use may be determined, a survey plat prepared by a professional engineer
or registered surveyor shall accompany any prescribed form. The survey
shall include the following:
(1)
North arrow.
(2)
Scale: one inch equal to 100 feet.
(3)
Election district.
(4)
Outline of parcel or parcels upon which the nonconforming
use is located.
(5)
Bearings, distances and acreage of that portion of
the parcel or parcels expressly used for the nonconforming use on
the effective date of this chapter.
(6)
Use, dimensions and location of all existing buildings.
(7)
Certification and seal of professional engineer or
registered surveyor.
F.
Nothing in these regulations shall prevent the restoration
of a nonconforming building or structure destroyed by fire, windstorm,
flood, and explosion or act of public enemy or accident, or prevent
the continuance of the use thereof as it existed at the time of such
destruction, provided that a zoning certificate is obtained and restoration
begun within one year of such destruction.
Any existing or proposed use which is determined
to be in conflict with any existing ordinance or laws of the Town
of Sykesville, Carroll County, or law or regulation of the State of
Maryland or other governmental agency shall be prohibited, even though
such use may be allowed under the terms of this chapter.
Except for compliance with yard requirements and distance requirements set forth in § 180-16, nothing in this chapter shall prohibit the use of land for agricultural purposes or the construction or use of buildings or structures incident to the use for agricultural purposes of the land on which such buildings or structures are located, unless specifically prohibited by ordinance of the Town of Sykesville.
Where a zoning certificate and/or a building
permit has been validly issued prior to the adoption of this chapter,
the construction or use so authorized may be completed or continued
in accordance with any conditions required therefor; provided, however,
that such construction or use shall have been started within one year
of the date of issuance of such zoning certificate and completion
thereof carried on in a normal manner and not discontinued for reasons
other than those beyond the builders' or users' control. [2]
Any lot which was a buildable lot under the terms or regulations in effect at the time of the adoption of this chapter and which was established or recorded at that time shall be deemed a buildable lot for the erection only of a single-family dwelling, subject to the provisions of § 180-97.
No part of a minimum required yard or other
open space provided about any building or structure for the purpose
of complying with the provisions of this chapter shall be included
as part of a minimum required yard or other open space required under
this chapter for another building or structure.
In an area where a Major Road Plan has been
duly adopted in accordance with Article 66B, Annotated Code of Maryland,
as amended, showing a proposed new highway or street or a proposed
relocation or widening of an existing highway or street, no building
or part of a building shall be permitted to be erected within the
lines of such proposed highway or street except as provided hereinafter:
A.
The Zoning Administrator shall issue a zoning certificate
for such construction as applied for, provided the Maryland State
Highway Administration, the Carroll County Roads Department, the Mayor
and Council of Sykesville, or appropriate authority, upon and within
30 days of written notice thereof does not reaffirm and substantiate
its plans to provide such construction in accordance with the Major
Road Plan.
B.
The owner of the property so affected shall, following
the expiration time of such written notice, have the right to appeal
to the Board the refusal of a zoning certificate, and the Board may
give approval to build if it should find, after public hearing, and
upon the evidence and arguments presented to it upon such appeal,
that:
(1)
The entire property of the appellant of which the
area affected by the Major Road Plan forms a part cannot yield a reasonable
return to the owner unless such appeal is granted; and
(2)
Balancing the interest of the general public in preserving
the integrity of the plan and the interest of the owner of the property
in the use and benefits of his property, the granting of such permit
is required by consideration of reasonable justice and equity.
Essential services or essential utility equipment, as defined and enumerated § 180-122, shall be permitted in any district, as authorized and regulated by law and ordinances of Sykesville, it being the intention hereof to exempt such essential services or essential utility equipment from the application of this chapter.
[Amended 5-23-2011 by Ord. No. 276; 12-8-2014 by Ord. No. 288]
Any uses or buildings subject to compliance of this section shall be located at least 200 feet from any lot in an R District or any lot which is part of a duly recorded residential subdivision, or any lot occupied by a dwelling, school, church, or institution for human care not located on the same lot as the said use or buildings, except as provided in § 180-23 or as may be approved by the Commission in a Planned Employment Center District.
[Amended 12-8-2014 by Ord. No. 288]
Except as may otherwise be approved by the Commission
in a Planned Employment Center District, unless approved by the Board,
all ponds, lakes and stabilization lagoons shall be located a minimum
of 200 feet from the center line of any public road; except roads
having a legally established right-of-way width in excess of 60 feet
(in the vicinity of said proposed pond) in which case the two-hundred-foot
minimum shall be measured from the public road right-of-way.
In any C, R, or H District on any corner lot,
no fence, structure or planting that would interfere with traffic
visibility across the corner shall be erected or maintained within
20 feet of the intersection of the road right-of-way lines.
Nothing in this chapter shall prohibit a minor subdivision of land as herein defined (Article XX) in any district; provided, however, that a major subdivision of land, as herein defined, for residential purposes in those districts where permitted, shall, following any required technical review and prior to any approval, be subject to a final determination by the Commission to insure compliance with the following requirements:
A.
That such proposed major subdivision for residential
development has been adequately demonstrated as being in accord and
not in conflict with or running contrary to any element of the Town's
Master Plan.
B.
That any one or combination of essential community facilities and services determined necessary by the Commission, in accordance with § 180-94 are either available or adequately insured to be made available for such proposed residential development in major subdivisions which would be adequate and which could reasonably be expected and required.
A.
Each front yard (setback) shall be measured at right
angles or radially from the nearest street right-of-way line (front
property line) where the right-of-way of any existing street is 50
feet in width in the case of a local or minor type street or 60 feet
in width in the case of any designated Town Collector or major street.
Where the respective right-of-way widths of the above streets are
less or where there may be doubt as to the width of the right-of-way,
then the minimum front yard depth or setback line shall be determined
by adding the distances specified below to the minimum front yard
requirement, and measuring from the center line of the type of road
involved:
B.
In any district where a lot abuts a state highway,
the minimum front yard otherwise required for any building where less
than 100 feet shall be increased by an amount specified by the Maryland
State Highway Administration, as would reflect and allow for future
official widening and right-of-way lines, if applicable, and which
are either shown on official plans or detailed in writing by the Administration.
No accessory building shall be located in any
required court or in any yard other than a rear yard, and except as
provided hereinafter. Accessory buildings shall be distant at least
six feet from any alley lines and from any other building on the same
lot, and at least five feet from lot lines of adjoining lots which
are in any R District, unless greater requirements are imposed by
the State Fire Marshal.
A trailer may be located as a temporary office
or storage use in any district as an accessory use in connection with
public works or other similar nonpublic construction projects, including
public utility projects, all of which are of a temporary nature, provided
a definite completion date is furnished and on condition that such
trailer shall be removed upon completion or discontinuance of construction.
[Added 5-23-2011 by Ord. No. 276]
A.
Raising chickens on properties operated as accredited educational
facilities. Notwithstanding anything within the Code to the contrary,
chickens may be raised on properties operated as accredited educational
facilities with a minimum of 25 students. For the purpose of this
section, "accredited educational facilities" shall mean any school
which holds a certificate of approval by the State Board of Education
as required by the COMAR 13A.09.09, "Educational Programs in Nonpublic
Schools."
B.
Acceptable standards for raising chickens at accredited educational
facilities. The following standards shall apply for raising chickens
at accredited educational facilities:
(1)
No accredited educational facilities may own, keep, or harbor
any chickens without registering with the Maryland State Department
of Agriculture, Domestic Poultry and Exotic Bird Registration Division.
(2)
No more than six chickens over the age of one month may be kept.
(3)
No roosters may be kept.
(4)
All chickens must be confined at all times to a movable structure,
coop, or pen (all such being hereinafter "pen" or "pens").
(a)
No pen may be closer than 50 feet to the lot line of any residential
lot.
(b)
The pen shall incorporate a well-constructed shelter to provide
shade and suitable protection from inclement weather.
(c)
Pens shall be maintained in a clean and sanitary condition,
devoid of all rodents and vermin, and free from objectionable odors.
The enclosed area of all such pens shall be constructed in such a
way as to be dry at all times on the inside. The Town may at any time
inspect any such structure or premises and issue any such order as
may be necessary to carry out the provisions of this section.
(d)
Each pen shall be provided with a watertight and fly-tight receptacle
for manure, of such dimension as to contain all accumulations thereof,
which receptacle shall be securely covered at all times except when
open during the deposit or removal of manure or refuse therefrom.
No manure shall be allowed to accumulate except in such receptacle.
(e)
Each pen shall be moved frequently to minimize turf destruction
and the buildup of manure-borne pathogens.
(f)
Potable water and proper feed must be made available to the
chickens.
(g)
Pens with feed boxes and nest boxes must allow not less than
two square feet per hen.
(h)
All chickens must be afforded veterinary care if they are known
or suspected to be sick or injured.
(5)
As to the keeping and harboring of chickens or other domestic
fowl, for whatever purpose maintained, the Town shall have authority
to promulgate regulations to provide that they will be kept in such
a manner as to prevent a nuisance or health hazard.
(6)
This section shall apply only to the raising of chickens at
accredited educational facilities.
